BARNES v. HORNEY

No. 530.

101 S.E.2d 315 (1958)

247 N.C. 495

Teddy Lee BARNES v. William Alexander HORNEY.

Supreme Court of North Carolina.

January 10, 1958.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff, appellant.

McNeill Smith and John Dortch Smith, Moore, Smith, Schell & Hunter, by McNeill Smith, Greensboro, for defendant, appellee.


HIGGINS, Justice.

The plaintiff's allegations of speed are not supported by evidence. While the plaintiff argues the defendant was driving after dark with lights on dim, it is obvious from the evidence, however, the defendant was operating his car with lights on low beam at a speed of about 30 miles per hour on a narrow, crooked, dirt and gravel road. The plaintiff's evidence is to the effect that as the defendant proceeded along this shaded dirt road he perceived...

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